Are we optimally using mediation and arbitration in New York state? In April 2018, Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence Marks thought not. That is when they established an Advisory Task Force to provide recommendations on how to increase the use of alternative dispute resolution (ADR) in the courts with the goal of reducing case delays and enhancing access to justice.

The ADR boom seen in the late 20th Century never sparked in New York state despite its many champions in New York City, the home of the American Arbitration Association (AAA), the International Institute for Conflict Prevention and Resolution (CPR) and the Financial Industry Regulatory Authority’s (FINRA) ADR Department. During that time JAMS—the biggest mediation advocate in California, established a New York presence waiting for the wave to come. New York state law school’s established ADR clinics to offer students hands on experience using the processes that would become part of their case management toolkit as they developed their legal career. Through all of these development, the NYSBA Dispute Resolution Section supports the members of the Bar in their efforts to be skilled ADR practitioners by offering many opportunities to be part of the ADR evolution.

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